Last modified: December 01, 2019
The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you”) with Diabul., (hereinafter referred to as ”us ” or ”we”), through the Diabu; website, mobile website.
By using diabul.com and/or placing an order, you agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure that you have read and understood the Terms before placing your order.
Only persons who are at least the age of majority, 18 or 19 years old depending on the province/territory, and who are not under guardianship, and are not acting in a capacity of a company, and have a residential or other address in Canada may place an order.
The inclusion of products or services on diabul.com at any given time does not imply or guarantee that these products or services will be available. We reserve the right to discontinue any product at any time.
We reserve the right to amend these Terms from time to time without providing you with prior notice. The version of the Terms that will apply to your order will be those on hm.com at the time you place your order.
Diabul wants to provide the best possible online experience. To achieve this goal, we need to be sure that our services run like clockwork. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site. We reserve the right to immediately bar access to the site and close the account of any user who violates this provision or any other provision in these terms and conditions.
- Prices and delivery charges
The prices displayed on diabul.com does not include Harmonized Sales Tax (HST), local retail sales tax or the delivery charge. The HST or local retail sales tax will depend on the place of delivery and will be calculated in the checkout prior to completing the purchase.
The delivery charge for each order, depending on the delivery method is clearly indicated during the check-out process. If we are unable to deliver your order in full and have to make more than one delivery, there will not be an additional charge for any subsequent deliveries.
- Ordering/conclusion of contract
The ordering options available to you are diabul.com or telephone. Please visit our dibul.com for more information.
Once you have placed your order, you will receive an email confirmation. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for your order, we will attempt to refund the applicable amount using the same method used to make the payment. Another payment method may be used for the refund, provided that you consent to such a change; in any case this will not generate any additional charges.
Diabul exercises the utmost diligence in accepting and processing orders and will endeavor to deliver your order to an address in Canada and USA in accordance with your selected delivery option.
Diabul endeavors to dispatch orders as quickly as possible and in the order in which they are placed. We aim to deliver within 3 to 6 working days following confirmation of an order, unless otherwise agreed. Please allow up to 5 additional days for rural/remote areas. Though we aim to deliver within the communicated timeframe, delivery may take longer due to unexpected events. In the unlikely event the delivery time exceeds 30 days, you may cancel your order.
Before you place your order, you will be informed of the expected delivery details. Once you have placed your order, you will receive an email confirmation with your expected delivery details if you have supplied us with your email address.
You will find the full Shipping and Delivery Policy at diabul.com
If your order does not arrive by the scheduled date, please contact [email protected].
- Withdrawal of Order
You may cancel or return your order from the date you place the order until 30 days after receipt of the ordered items. Please note that you will bear the cost of the delivery as well as a $4.99 cost to return the items to Diabul.
If you wish to cancel or return your order, please provide us, preferably by using the pre-printed return form in your parcel, or please contact [email protected] and return the item(s) to us as set out in section 6 (Returns) below within the 30-day period set forth in section 5.1 above. We will provide a refund attempting to use the same method used to make the payment (or, if the items have not yet been paid for, reflect the return of the items in your account balance) as soon as possible and at the latest within 14 days of receiving your notice of cancellation, provided we have received the items or evidence of you having sent back the faulty items. Another payment method may be used for the refund, provided that you consent to such a change; in any case this will not generate any additional charges.
If the item you have received is defective, please notify Diabul promptly and return the item in accordance with section 6 (Returns) below. Diabul will, for any products deemed defective, provide a full refund, including the costs of delivery and return. The provisions set forth herein do not limit any applicable statutory rights.
In the event of an error in connection with any products or services displayed through diabul.com (including typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability), Diabul reserves the right to cancel any order prior to the time it is delivered to you.
Diabul guarantees a full refund of any returned items in accordance with section 5 (Withdrawal of Order), provided that all items are returned in the same condition they were in upon your receipt. This means the items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and that any labels or tags should be intact.
Drop off your items to be returned at a pick-up point location in Canada.
- Payment methods
You can pay for your goods in various ways as set out below.
Credit card or debit card
You can enter your payment details at the time you place your order using a valid credit or debit card (VISA or Mastercard). The applicable amount will immediately be reserved on your card but will not be debited until the goods are dispatched. Diabul reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks.
When paying by PayPal, Diabul reserves the right to check the validity of the PayPal account, that there are enough funds to cover the purchase sum and validate the billing address details of the purchaser. The applicable amount will immediately be reserved on your PayPal account but will not be debited until the goods are dispatched from the warehouse. Diabul reserves the right to deny any purchase.
You will receive the legally required invoice document attached in the Shipping Confirmation e-mail.
- Our Liability
Nothing in these Terms shall exclude or limit Diabul’s liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability. Diabul accepts liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. If we breach these Terms, we shall only be liable for losses that which are a reasonably foreseeable consequence of such breach.
OUR MAXIMUM LIABILITY TO YOU FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH YOUR ORDER ON HM.COM SHALL BE LIMITED TO THE TOTAL PRICE OF YOUR ORDER.
- Colours and measurements
We make all reasonable efforts to accurately display the attributes of our products, including composition and colors. The color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
An item’s measurements stated on diabul.com are only approximate values to give you a better understanding of the model or fit of that specific item. They are not a guarantee of the actual measurements of the item you receive. The final measurements of an item may vary depending on the material used in production.
If there are defects in the goods you have purchased, Diabul abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us without delay by using the provided pre-printed return form.
Diabul reserves the right to assign or pledge to third parties any claim(s) for payment which have arisen in connection with the delivery of goods.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.
- Ownership of rights
All intellectual property rights, such as trademarks and copyrights at Diabul remain with Diabul. Any use of diabul.com or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Diabul.
- Company Information
Registered office: 1229 Gillespie Crescent, Edmonton AB, T5T 6M6, CA
Phone Number: 780-399-2360
Contact us at [email protected]